National

“Do you feel safe? You shouldn’t.” In August, 42-year-old Travis Ford of Lincoln, Neb., posted those words on the personal Instagram page of Jena Griswold, the secretary of state and chief election official of Colorado. In a post 10 days later, Mr. Ford told Ms. Griswold that her security detail was unable to protect her, then added: “This world is unpredictable these days … anything can happen to anyone.” Mr. Ford paid dearly for those words. Last week, in U.S. District Court in Lincoln, he pleaded guilty to making a threat with a telecommunications device, a felony that can carry up to two years in prison and a fine of up to $250,000. He did not immediately respond to a request for comment. But a year after Attorney General Merrick B. Garland established the federal Election Threats Task Force, almost no one else has faced punishment. Two other cases are being prosecuted, but Mr. Ford’s guilty plea is the only case the task force has successfully concluded out of more than 1,000 it has evaluated. Public reports of prosecutions by state and local officials are equally sparse, despite an explosion of intimidating and even violent threats against election workers, largely since former President Donald J. Trump began spreading the lie that fraud cost him the 2020 presidential election. Colorado alone has forwarded at least 500 threats against election workers to the task force, Ms. Griswold said.

Full Article: Election Workers Don’t Feel Safe Despite Federal Effort to Combat Threats – The New York Times

National: The People v. Donald Trump – The evidence for a possible criminal case against the former president is piling up | David French/The Atlantic

From the moment the attack on the Capitol began, on January 6, 2021, Donald Trump’s moral culpability was clear. That mob would never have assembled on the National Mall but for Trump’s decision to relentlessly lie about the results of the 2020 election. His legal culpability, however, was more ambiguous. We did not possess any evidence that he directly coordinated with the rioters prior to the invasion of the Capitol, and although his speech to the mob on January 6 itself admonished his followers to “fight like hell” and warned them that “you will never take back our country with weakness,” it also contained an explicit statement that they should march to the Capitol to “peacefully and patriotically” make their voices heard. Also hovering over the legal analysis was a prudential calculation. Former presidents shouldn’t be prosecuted under novel legal theories. If the government is going to prosecute, it should bring a case that’s easy to justify under existing precedent. Otherwise, the prosecution itself could be dangerous, further fracturing and destabilizing an already fragile American political culture. Those considerations are precisely why Trump’s conduct in the case of Georgia had seemed more obviously to involve potential criminal liability than his actions on January 6. In Georgia’s case, Trump was recorded telling Secretary of State Brad Raffensperger, “I just want to find 11,780 votes,” and then explicitly threatening Raffensperger with criminal sanctions if he didn’t accede to the president’s demand.

Full Article: The People v. Donald Trump – The Atlantic

Editorial: It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear | Richard L. Hasen/Slate

Michigan: Sheriff’s investigators used ‘scare tactics’ to grill county clerks on 2020 election | Craig Mauger/The Detroit News

A deputy and a private investigator working with Barry County Sheriff Dar Leaf made unannounced visits last year to local election officials’ offices to question them about the 2020 presidential vote. Multiple clerks in Barry County said Leaf’s department used what they viewed as “scare tactics” as it examined and advanced unproven claims of fraud in the last presidential election. State authorities, including the Michigan State Police, are currently investigating whether those working with Leaf, a Republican, gained improper access to vote-counting machines that could have violated the law and compromised voting equipment in the battleground state. Some election clerks in Barry County said they believe their conversations with Leaf’s investigators — one of whom identified himself as a forensic auditor — were secretly recorded and said they were told not to inform other clerks about the probe, according to a series of interviews with officials in the county and emails obtained by The Detroit News through an open records request. “I asked if they were investigating all of the township & city clerks & was told yes, and I am to be questioned last,” Barry County Clerk Pam Palmer emailed a lawyer in June 2021. “They have purposely asked the clerks to not say anything to each other or myself because they want the element of surprise.”

Full Article: Sheriff Dar Leaf’s investigators used ‘element of surprise’ to grill Michigan clerks on 2020 election

Mother-daughter election workers targeted by Trump say there’s ‘nowhere’ they feel safe | Adam Edelman/NBC

In harrowing, emotional and painful detail, a mother-daughter duo of Georgia election workers described during Tuesday’s Jan. 6 committee hearing how a mob of Donald Trump supporters came after them, online and in person, after having gobbled up a debunked conspiracy theory about their actions on Election Day 2020. As a result, their lives will never be the same, the two women, Ruby Freeman and her daughter, Wandrea “Shaye” Moss, said during Tuesday’s hearing. “There is nowhere I feel safe. Nowhere,” Freeman, who along with her daughter was aggressively targeted by conspiracy theorists in the weeks after the 2020 election, said during taped testimony. Parts of her never-before-seen interview were played toward the end of Tuesday’s hearing, as she sat behind her daughter in the committee room. “Do you know how it feels to have the president of the United States to target you? The president of the United States is supposed to represent every American. Not to target one,” Freeman said. “He targeted me. A proud American citizen who stood up to help Fulton County run an election in the middle of a pandemic.”

Full Article: Election workers targeted by Trump, Ruby Freeman and Shaye Moss, say there’s ‘nowhere’ they feel safe

Trump’s false election claims made it tougher to talk about election security | Joseph Marks/The Washington Post

Election security efforts kicked into high gear after the 2016 election — fueled by Russian interference in that year’s presidential contest. Then 2020 happened. The baseless claims of hacking and fraud that former president Donald Trump and his allies spread after his 2020 loss have polluted conversations about election security ever since, making it far harder to talk about legitimate dangers to the voting process. Trump allies have routinely misrepresented legitimate security concerns to serve their own ends. They’ve also co-opted the language of election security to promote wild conspiracy theories and degrade public faith in the democratic process. They’ve claimed to have found digital vulnerabilities and back doors in voting machines that make no sense to experts who’ve studied those machines. They’ve conducted vote audits that violate all audit protocols and render election machines too insecure to be used again. The result: Talking about genuine election security concerns has become a tortuous process as experts try — usually in vain — to ensure nothing they say will be mischaracterized.

Full Article: Trump’s false election claims made it tougher to talk about election security – The Washington Post

National: Did Trump believe his big lie? It’s irrelevant to proving his guilt. | Ryan Goodman, Norman Eisen and Barbara McQuade/The Washington Post

ormer prosecutors and other experts essentially agree that proving criminal intent poses one of the biggest legal challenges to indicting former president Donald Trump for his role in the attacks on the 2020 election. Mens rea, Latin for guilty mind, is required to convict. This generally means that the offender must have acted purposely, knowingly, recklessly or negligently in committing the criminal act. It’s tempting, in assessing Trump’s state of mind, to focus on whether he genuinely believed his assertion that the presidential election was “stolen” — that he had beaten Joe Biden and that therefore his subsequent efforts were merely means well within his power aimed at setting things right. If you can prove that he did actually know he lost the election — that it was not “stolen” from him — you go a long way toward clearing that criminal-intent hurdle. Certainly, the House select committee investigating the attack on the Capitol on Jan. 6 is amassing evidence that Trump knew he had lost. Numerous Trump aides and lawyers have attested to this before the committee. But so what. For a number of the possible crimes the committee has identified, it doesn’t matter what Trump believed about the election. Focusing on that aspect misses the true test of criminal intent. He still had no legal right to use forged electoral certificates or to pressure election officials in Georgia to “find 11,780 votes” that did not exist, or to engage in other extralegal means to try to hold onto power. That includes pressuring the vice president to assume powers he didn’t have. State and federal criminal laws prohibit these things. Vigilante justice is against the law, even if you (wrongly) believe you are a victim.

Full Article: Did Trump believe his big lie? It’s irrelevant to proving his guilt. – The Washington Post

Ignoring the Jan. 6 hearings? Michael Luttig explains why you shouldn’t. | Dan Balz/The Washington Post

J. Michael Luttig spoke softly and sometimes haltingly when he testified Thursday before the House select committee investigating the Jan. 6, 2021, attack on the Capitol. His understated presentation belied the five-alarm fire that was his written statement — a loud and clear warning to a country whose democracy, he said, is on “a knife’s edge.” Luttig was there because he had advised Vice President Mike Pence that Pence could not legally do what President Donald Trump wanted him to do, which was to interject himself in the process of ratifying the electoral count on Jan. 6 and prepare the ground to have the election overturned. But the former federal appellate court judge far more than demolished the legal arguments Trump had bought into. His prepared statement was a clear-and-present-danger document, describing the fraught state of American democracy, the war that rages internally, and the role Trump and his followers have played to bring us to this moment. Jan. 6, Luttig said, was a war within a broader war over the future of the country, “a war irresponsibly instigated by the former president and his political allies, and his supporters.” The war rages today, he added, and “as a political matter of fact, only the party that instigated this war over our democracy can bring an end to this war.”

Full Article: Ignoring the Jan. 6 hearings? Michael Luttig explains why you shouldn’t. – The Washington Post

National: Election, law enforcement officials launch group to combat threats against voting process | Benjamin Freed/StateScoop

A group of 32 current and former election and law-enforcement officials on Thursday announced the formation of a group aimed at tamping down threats against poll workers and voters. The new Committee for Safe and Secure Elections says it will attempt to connect local election administrators with their counterparts in police and sheriff’s departments in hopes of preventing more threats, harassment and acts of violence that’ve hounded the voting process in recent years. The group, which is led by Neal Kelley, a former registrar of voters in Orange County, California, describes itself as a “cross-partisan” effort, and counts among its members officials from many other states, including Arizona, Colorado, Florida, Nevada, New Mexico, North Carolina and Wisconsin. The committee also includes several current and former federal officials involved in securing elections, including Kim Wyman, a former Washington secretary of state who now leads election-security operations at the Cybersecurity and Infrastructure Security Agency.

Full Article: Election, law enforcement officials launch group to combat threats against voting process

National: Trump campaign documents show fake electors were concerted, planned effort | Rosalind S. Helderman/The Washington Post

The convening of the electoral college on Dec. 14, 2020, was supposed to mark the end of the wild, extended presidential election that year. But when the day arrived, a strange thing happened. In seven swing states won by Joe Biden, when the Democrat’s electors assembled to formally elect him president, Trump supporters showed up, too, ready to declare that their man had actually won. “The electors are already here — they’ve been checked in,” a state police officer told the group in Michigan, according to a video of the encounter, as he barred the Republicans from the Capitol in a state Biden won by more than 154,000 votes. In Nevada, a state Biden had won by about 33,600 votes, a photo distributed by the state Republican Party showed Trump supporters squeezing around an undersize picnic table dressed up with a bit of bunting, preparing to sign formal certificates declaring that they were “the duly elected and qualified” electors of their state. At the time, the gatherings seemed a slapdash, desperate attempt to mimic President Donald Trump’s refusal to concede. But internal campaign emails and memos reveal that the convening of the fake electors was apparently a much more concerted strategy, intended to give Vice President Mike Pence a reason to declare that the outcome of the election was somehow in doubt on Jan. 6, 2021, when he was to preside over the congressional counting of the electoral college votes.

Full Article: Trump campaign documents show fake electors were concerted, planned effort – The Washington Post

National: Election officials worry about their safety ahead of midterms | Sean Lyngaas/CNN

When US intelligence and national security officials gathered at a classified facility in April to speak with election officials around the country, there was no burning new intelligence to share about cyber threats to American democracy. The briefing covered Russia’s war on Ukraine and foreign and domestic sources of disinformation about US elections, according to three people familiar with the briefing. But there was a striking change from pre-2020 briefings: It touched on violent threats to election officials that stem from conspiracy theories about the voting process. Physical security concerns have “really ramped up since 2020 because of threats that we’ve seen to state and local officials across the country,” said Kim Wyman, the top election security official at the federal US Cybersecurity and Infrastructure Security Agency, which has encouraged election workers to report threats to law enforcement and is hiring more staff to advise election officials on physical threats. Many of the thousands of local election officials in the US are living with a new reality as the midterm elections approach: They have spent countless hours rebutting false claims from former President Donald Trump and his supporters that the 2020 election was stolen while wondering about their personal safety and trying to prepare for future elections on a limited budget.

Full Article: Election officials worry about their safety ahead of midterms – CNNPolitics

National: US is worried about Russia using new efforts to exploit divisions in 2022 midterms | Edward-Isaac Dovere/CNNPolitics

Homeland and national security officials are worried about how Russia could significantly exploit US divisions over the November midterms, considering scenarios like Russia staging smaller hacks of local election authorities — done with the deliberate purpose of being noticed — and then using that to seed more conspiracies about the integrity of American elections. These efforts, the officials said, would be designed to dovetail with the false doubts about the 2020 presidential election spread by former President Donald Trump and many of his allies. The five current and former US officials who spoke to CNN stressed that such a scenario remains hypothetical. Although US elections have become more secure in recent years, officials say that an atmosphere of distrust in America’s elections, coupled with the sheer number of local election systems, means there’s no way to truly be ready for such a convergence of Russian asymmetric warfare techniques. Administration officials agree with local election officials that the problem goes beyond inevitable security shortfalls. Current and former officials say little has been done to inform, let alone convince, American voters that Russia is trying to attack US elections again.

Full Article: US is worried about Russia using new efforts to exploit divisions in 2022 midterms – CNNPolitics

National: Amid Jan. 6 Revelations, Election Lies Still Dominate the G.O.P. | Jonathan Weisman/The New York Times

It was all a lie, the tales of stuffed ballot drop boxes, rigged voting machines, and constitutional “flexibility” that would have allowed Vice President Mike Pence to nullify the 2020 election results and send them back to Republican state legislatures. The first three hearings of the House Jan. 6 committee have deeply undercut, if not demolished, the postelection myths repeated incessantly by former President Donald J. Trump and his supporters and embraced and amplified by Republicans in Congress. A parade of Republican witnesses — his attorney general, William P. Barr, his daughter Ivanka Trump, and his own campaign lawyers — knew he had lost the election and told him so. Mr. Trump was informed that the demands he was making of Mr. Pence to block his defeat unilaterally were illegal. Even the most active coup plotter, the conservative lawyer John C. Eastman, conceded before Jan. 6 that his scheme was illegal and unconstitutional, then sought a presidential pardon after it led to mob violence. Yet the most striking revelation so far may be how deeply Mr. Trump’s disregard for the truth and the rule of law have penetrated into the Republican Party, taking root in the fertile soil of a right-wing electorate stewing in conspiracy theories and well tended by their media of choice. The Republican response to the hearings — a combination of indifference, diversion and doubling down — reflects how central the lie of a stolen election has become to the party’s identity.

Full Article: Amid Jan. 6 Revelations, Election Lies Still Dominate the G.O.P. – The New York Times

National: DOJ’s Jeffrey Clark met with Trump days before Jan. 6 with plan to potentially overturn election | Michael Kranish/The Washington Post

Three days before Congress was slated to certify the 2020 presidential election, a little-known Justice Department official named Jeffrey Clark rushed to meet President Donald Trump in the Oval Office to discuss a last-ditch attempt to reverse the results. Clark, an environmental lawyer by trade, had outlined a plan in a letter he wanted to send to the leaders of key states Joe Biden won. It said that the Justice Department had “identified significant concerns” about the vote and that the states should consider sending “a separate slate of electors supporting Donald J. Trump” for Congress to approve. In fact, Clark’s bosses had warned there was not evidence to overturn the election and had rejected his letter days earlier. Now they learned Clark was about to meet with Trump. Acting attorney general Jeffrey Rosen tracked down his deputy, Richard Donoghue, who had been walking on the Mall in muddy jeans and an Army T-shirt. There was no time to change. They raced to the Oval Office. As Rosen and Donoghue listened, Clark told Trump that he would send the letter if the president named him attorney general. “History is calling,” Clark told the president, according to a deposition from Donoghue excerpted in a recent court filing. “This is our opportunity. We can get this done.” Donoghue urged Trump not to put Clark in charge, calling him “not competent” and warning of “mass resignations” by Justice Department officials if he became the nation’s top law enforcement official, according to Donoghue’s account.

Full Article: DOJ’s Jeffrey Clark met with Trump days before Jan. 6 with plan to potentially overturn election – The Washington Post

Trump brought US ‘dangerously close to catastrophe’, January 6 panel says | Lauren Gambino and Hugo Lowell/The Guardian

The House select committee investigating the January 6 attack on the Capitol presented evidence on Thursday that Donald Trump was told his last-gasp attempt to overturn the results of the 2020 election was unlawful but forged ahead anyway. Trump then pressured his vice-president, Mike Pence, to reject a tally of state electors as part of a plot that brought the country “dangerously close to catastrophe”, the panel heard. With live witnesses and recorded depositions from its yearlong investigation, the panel offered a dramatic accounting of the days and hours that preceded the assault. Chilling new evidence also detailed the frantic moments after rioters stormed the Capitol, as Pence was rushed from the Senate chamber to a secure underground location. “Approximately 40 feet – that’s all there was – 40 feet between the vice-president and the mob,” said the California congressman Pete Aguilar, a Democrat who led the panel’s third hearing. “Make no mistake about the fact that the vice-president’s life was in danger.” The committee spent the majority of the hearing dissecting the “completely nonsensical and antidemocratic” theory, devised by the conservative law professor John Eastman and embraced by Trump, that suggested Pence had the authority to reverse the results of the 2020 election. The vice-president has no such power.

Full Article: Trump brought US ‘dangerously close to catastrophe’, January 6 panel says | January 6 hearings | The Guardian

National: Across the US, 2020 election deniers seek to run the polls | Daniel Jackson/Courthouse News Service

When Nevada holds its primary election on June 14, GOP voters will consider candidates for secretary of state, typically a sleepy contest over who can out-administrate the other. One thinks Nevada voters have not actually elected anyone for the last 16 years. Appearing on a podcast in January, Jim Marchant claimed that because of a conspiracy financed by billionaire George Soros, “we haven’t in Nevada elected anybody since 2006. They have been installed by the deep state cabal.” Merchant’s failed 2020 campaign for Nevada’s 4th Congressional District ended with him filing a lawsuit alleging election irregularities that asked the judge to order a new election. The judge dismissed his claims, saying she lacked jurisdiction. Ever since, Marchant has claimed he was the victim of election fraud and has vowed to “overhaul” the election system in the state. … According to Mark Lindeman, director of Verified Voting, some of the policy questions raised are subjects on which reasonable people can disagree, such as whether a state should hold a period of early voting. “What’s not normal is the frame of some of these campaigns of rejecting the legitimacy of the 2020 election. That is radical,” Lindeman said. Lindeman said democracy depends on election officials acting impartially, and if officials say they have the right to overturn the election, the election cannot be free and fair.

Full Article: Across the US, 2020 election deniers seek to run the polls | Courthouse News Service

National: Republicans Who Deny 2020 Election Outcome Press Closer to Power Over Future Elections | Reid J. Epstein and Nick Corasaniti/The New York Times

The potential for far-right Republicans to reshape the election systems of major battleground states is growing much closer to reality. As the halfway point nears of a midterm year that is vastly friendlier to Republicans, the party’s voters have nominated dozens of candidates for offices with power over the administration and certification of elections who have spread falsehoods about the 2020 presidential contest and sowed distrust in American democracy. The only way to restore trust, these candidates say, is by electing them. In Michigan, Pennsylvania and now Nevada, Republican voters have elevated candidates who owe their political rise to their amplification of doubts about Joseph R. Biden Jr.’s victory, and who are now vying in elections for governor, secretary of state and attorney general — offices that will hold significant sway over the administration of the 2024 presidential election in critical swing states. The rise of election deniers is far from over. Primary contests coming later this month in Colorado and in early August in Arizona and Wisconsin will provide more clarity on the depth of Republican voters’ desire to rally behind candidates devoted to the false idea that the 2020 election was stolen from former President Donald J. Trump.

Full Article: Republicans Who Deny 2020 Election Outcome Press Closer to Power Over Future Elections – The New York Times

National: Justice Department secures first guilty plea for threats to election workers | David Nakamura/The Washington Post

A Nebraska man pleaded guilty Thursday on charges that he threatened an election official over social media last year, marking the first conviction for a Justice Department task force charged with protecting poll workers. Federal authorities said Travis Ford, 42, of Lincoln, Neb., posted multiple hostile messages on an Instagram page associated with the official, who was not named in a Justice Department news release. “Do you feel safe? You shouldn’t. Do you think Soros will/can protect you?” Ford wrote in one August 2021 message, apparently referring to Democratic megadonor George Soros, who has long been the subject of false conspiracies from far-right and anti-Semitic groups. In another posting, Ford wrote: “Your security detail is far too thin and incompetent to protect you. This world is unpredictable these days … anything can happen to anyone.” He is scheduled to be sentenced Oct. 6 and faces up to two years in prison, the Justice Department said. “The Justice Department will not tolerate illegal threats of violence against public officials,” Attorney General Merrick Garland said in a statement. “Threats of violence against election officials are dangerous for people’s safety and dangerous for our democracy.”

Full Article: Travis Ford pleads guilty to threatening elections official on Instagram – The Washington Post

National: Some of Trump’s nuttiest election lies were around voting machines | Joseph Marks/The Washington Post

The master narrative of yesterday’s Jan. 6 hearing was that former president Donald Trump’s 2020 election lies helped prod the Jan. 6 attack on the Capitol and are continuing to press politics in a dangerous direction. Even some Trump campaign and administration officials didn’t buy his baseless attacks, which have riven the nation for nearly two years now. Those officials watched with alarm and dismay after the election as the president embraced easily disprovable conspiracy theories and ignored evidence, according to video testimony. Some of Trumps most unbelievable claims were around voting machines. Barr called the Trump-embraced conspiracy theory that Dominion Voting Systems machines had been manipulated to flip votes to Biden “idiotic” and “disturbing.” He said Trump allies promoted the allegations with “zero basis.” Yet, despite their absurdity, the false claims caught fire among Trump supporters — surging distrust in election machines and election workers. Barr told Trump the theories did not hold water, he said. But to no avail. “[The claims] were made in such a sensational way that they obviously were influencing a lot of people,” Barr said. They prompted widespread belief “that there was this systemic corruption in the system and that their votes didn’t count and that these machines controlled by somebody else were actually determining it, which was complete nonsense.” Trump campaign aide Alex Cannon disputed the phony claims in a conversation with Trump trade adviser Peter Navarro, Cannon told investigators. He also pointed to a report by state and federal officials finding the 2020 election was the most secure in history, which had been touted by then-Cybersecurity and Infrastructure Security Agency [CISA] Director Chris Krebs. The response: “I believe Mr. Navarro accused me of being an agent of the ‘deep state’ working with Chris Krebs against the president,” Cannon said.

Full Article: Some of Trump’s nuttiest election lies were around voting machines – The Washington Post

National: Senators urge feds to alert police to threats against election workers | Linda So/Reuters

A group of Democratic U.S. senators this week urged federal law enforcement agencies to alert local police to rising threats against election officials, according to a memo seen by Reuters on Thursday. “The onslaught of threats against election workers is unacceptable and raises serious concerns about state and local governments’ ability to recruit and retain election workers needed to administer future elections,” Democratic Senators Amy Klobuchar and Dick Durbin told the federal agencies on Wednesday in the previously unreported memo. Klobuchar and Durbin were joined by 20 other Democratic senators asking the Department of Homeland Security and the Federal Bureau of Investigation to distribute a public service announcement to local and state police about increased threats against election workers, according to the memo. “We have heard that in many cases when election officials report threats, local law enforcement agencies treat them as isolated incidents, instead of as part of a growing nationwide trend,” the senators said. A DHS spokesperson said it has enhanced collaboration with government partners by “sharing timely and actionable information” on threats. The FBI confirmed it received the memo.

Full Article: U.S. senators urge feds to alert police to threats against election workers | Reuters

Do Ballot Barcodes Threaten Election Security? | William T. Adler/Center for Democracy and Technology

Bogus conspiracy theories about the 2020 election have been repeatedly debunked. But that hasn’t stopped election conspiracy theorists from attempting to gain influence in election administration, either as low level poll workers or as top state election officials. The infiltration of election deniers into positions of power in administering elections poses a grave danger to American democracy: the possibility that an insider will manipulate election systems in order to bring about a desired election outcome. This elevated insider threat makes it more important than ever that our voting systems are resilient to attack and manipulation. Many 2020 conspiracy theories concerned the voting systems in Georgia, where President Trump focused intensely on discrediting the results. That year, Georgia used ballot marking devices (BMDs) for the first time, for all in-person voters. BMDs are touch screen computers that print out a paper ballot—a major improvement over the paperless machines Georgia had previously been using. Now, voters could physically inspect the record of their vote, rather than be forced to trust the machines to record the votes accurately. BMDs are widely used in U.S. elections and offer several benefits over hand-marked paper ballots (HMPBs). For instance, because they have a variety of user interface options, BMDs enable voters with visual or motor disabilities to vote independently and privately when they might otherwise be unable to do so with a HMPB. But all computerized systems are susceptible to attack. Therefore, the use of BMDs—particularly by large numbers of voters who do not require them for accessibility reasons—has been criticized as posing a serious security threat to elections. The balance between these benefits and risks should be carefully considered.

Full Article: Do Ballot Barcodes Threaten Election Security? – Center for Democracy and Technology

Activists say cyber agency weakens voting tech advisory | Kate Brumback/Associated Press

The nation’s leading cybersecurity agency released a final version Friday of an advisory it previously sent state officials on voting machine vulnerabilities in Georgia and other states that voting integrity activists say weakens a security recommendation on using barcodes to tally votes. The advisory put out by the U.S. Cybersecurity and Infrastructure Security Agency, or CISA, has to do with vulnerabilities identified in Dominion Voting Systems’ ImageCast X touchscreen voting machines, which produce a paper ballot or record votes electronically. The agency said that although the vulnerabilities should be quickly mitigated, the agency “has no evidence that these vulnerabilities have been exploited in any elections.” Dominion’s systems have been unjustifiably attacked since the 2020 election by people who embraced the false belief that the election was stolen from former President Donald Trump. The company has filed defamation lawsuits in response to incorrect and outrageous claims made by high-profile Trump allies. The advisory CISA released Friday is based on a report generated by University of Michigan computer scientist J. Alex Halderman, an expert witness in a long-running lawsuit that is unrelated to false allegations stemming from the 2020 election. The machines are used by at least some voters in 16 states, according to a voting equipment tracker maintained by watchdog Verified Voting. In most of those places, they are used only for people who can’t physically fill out a paper ballot by hand. But in some places, including Georgia, almost all in-person voting is done on the affected machines.

Source: Activists say cyber agency weakens voting tech advisory | AP News

National: The GOP drive to install thousands of poll workers sets off alarms | Fredreka Schouten and Kelly Mena/CNN

State and local election officials in Michigan and other political battlegrounds are gearing up to deal with a new element in this year’s elections: a large influx of Republicans seeking to become poll workers, recruited by the Republican National Committee and other conservative organizations to play an active role in administering the midterm elections. The development — and a recent story in Politico detailing GOP recruitment sessions and how some of these would-be poll workers cling to debunked claims about fraud in the 2020 election — have raised alarms that Republican election deniers could infiltrate official election operations and undermine the process.

The surge in interest also comes against the backdrop of efforts by former President Donald Trump’s allies, such as Steve Bannon, to carry out what he calls a “precinct committee strategy,” with the goal of installing Trump loyalists in local Republican Party positions and election posts. “It is jarring to know that there is a political party, or a cohort of a political party, that is feeding folks misinformation and will use that as motivation to potentially interfere with our elections and with citizens’ right to vote,” Michigan Secretary of State Jocelyn Benson, a Democrat, told Fredreka in a recent interview. Benson, who said she has been following the uptick in GOP poll worker applications for weeks as part of her regular discussions with local election officials, met Monday with the state attorney general’s office, the Michigan State Police and local officials to discuss, among other topics, how to protect against election interference, her aides said.

Full Article: The GOP drive to install thousands of poll workers sets off alarms – CNNPolitics

National: How Influential Election Deniers Have Fueled a Fight to Control Elections | Alexandra Berzon/The New York Times

Key figures in the effort to subvert the 2020 presidential election have thrown their weight behind a slate of Republican candidates for secretary of state across the country, injecting specious theories about voting machines, foreign hacking and voter fraud into campaigns that will determine who controls elections in several battleground states. The America First slate comprises more than a dozen candidates who falsely claim the 2020 election was stolen from Donald J. Trump. It grew out of meetings held by a conspiracy-mongering QAnon leader and a Nevada politician, and has quietly gained support from influential people in the election denier movement — including Mike Lindell, the MyPillow founder, and Patrick Byrne, the former Overstock.com executive who has financed public forums that promote the candidates and theories about election vulnerabilities. Members of the slate have won party endorsements or are competitive candidates for the Republican nomination in several states, including three — Michigan, Arizona and Nevada — where a relatively small number of ballots have decided presidential victories. And in Pennsylvania, where the governor appoints the secretary of state, State Senator Doug Mastriano, who is aligned with the group, easily won his primary for governor last month. The candidates cast their races as a fight for the future of democracy, the best chance to reform a broken voting system — and to win elections.

Full Article: How Influential Election Deniers Have Fueled a Fight to Control Elections – The New York Times

National: Trump allies explored using armed workers to seize vote data | Sarah D. Wire/Los Angeles Times

Supporters on the fringes of former President Trump’s circle explored seeking sweeping authority after the 2020 election to enlist armed private contractors to seize and inspect voting machines and election data with the assistance of U.S. marshals, according to a draft letter asking the president to grant them permission. The previously undisclosed “authorizing letter” and accompanying emails were sent on Nov. 21, 2020, from a person involved in efforts to find evidence of fraud in the election that year. The documents, which were reviewed by The Times, are believed to be among those in the possession of the House Jan. 6 committee, which is scheduled to begin public hearings Thursday. The letter appears to be one of the earliest iterations of a draft executive order presented to the then-president in the Oval Office on Dec. 18, 2020, by then- Trump lawyer Sidney Powell, former national security advisor Michael Flynn and former Overstock.com Chief Executive Patrick Byrne in an effort to take control of voting machines. The email and attached draft letter were sent to Cyber Ninjas Chief Executive Doug Logan and cybersecurity expert Jim Penrose by Andrew Whitney, a British technology entrepreneur who made his way inside Trump’s circle in 2020 after he sought the president’s support for Oleandrin, a toxic botanical extract Whitney claimed was a miracle cure for COVID-19. Logan, who went on to conduct a partisan “audit” of election results in Maricopa County, Ariz., and Penrose worked for weeks after the 2020 election with a group including Powell, Flynn and Byrne that sought access to voting machines in an attempt to find proof of election fraud.

Full Article: Trump allies explored using armed workers to seize vote data – Los Angeles Times

National: The Supreme Court may take territories off the map of the US | Stephen Kinzer/The Boston Globe

May the United States rule foreign territories without granting their inhabitants constitutional rights? Yes, according to landmark Supreme Court decisions in the “Insular Cases” more than a century ago. Without those decisions, our overseas territorial empire could not have existed. Suddenly that decision is under fierce attack from within the Court itself. The fate of America’s five populated colonies — Puerto Rico, the US Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands — may hang in the balance. In April the Supreme Court decided what seemed to be an abstruse case about federal benefits owed to Puerto Ricans. But Justice Neil Gorsuch’s opinion began with a startling passage. He asserted that the United States has no business deciding anything for Puerto Rico because our ownership of that island — and by extension other US colonies — is unconstitutional. “A century ago in the Insular Cases, this Court held that the federal government could rule Puerto Rico and other territories largely without regard to the Constitution,” Gorsuch wrote. “It is past time to acknowledge the gravity of this error and admit what we know to be true: the Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law. . . . And I hope the day comes soon when the Court squarely overrules them.”

Full Article: The Supreme Court may take territories off the map of the US – The Boston Globe

No evidence of exploitation of Dominion voting machine flaws, CISA finds | Ellen Nakashima and Amy Gardner/The Washington Post

The federal government has found no evidence that flaws in Dominion voting machines have ever been exploited, including in the 2020 election, according to the executive director of the Cybersecurity and Infrastructure Security Agency. CISA, an arm of the Department of Homeland Security, has notified election officials in more than a dozen states that use the machines of several vulnerabilities and mitigation measures that would aid in detection or prevention of an attempt to exploit those vulnerabilities. The move marks the first time CISA has run voting machine flaws through its vulnerability disclosure program, which since 2019 has examined and disclosed hundreds of vulnerabilities in commercial and industrial systems that have been identified by researchers around the world. (The program is aimed at helping companies and consumers better secure devices from breaches. The security of Dominion voting machines has become a flash point in the fraught politics of the 2020 election with supporters of former president Donald Trump claiming that the results were tainted by machines that were manipulated, while election officials — including Georgia’s Republican secretary of state and governor — insisted that there was no evidence of breaches or altered results.

Full Article: No evidence of exploitation of Dominion voting machine flaws, CISA finds – The Washington Post

‘It’s going to be an army’: Tapes reveal GOP plan to contest elections | Heidi Przybyla/Politico

Video recordings of Republican Party operatives meeting with grassroots activists provide an inside look at a multi-pronged strategy to target and potentially overturn votes in Democratic precincts: Install trained recruits as regular poll workers and put them in direct contact with party attorneys. The plan, as outlined by a Republican National Committee staffer in Michigan, includes utilizing rules designed to provide political balance among poll workers to install party-trained volunteers prepared to challenge voters at Democratic-majority polling places, developing a website to connect those workers to local lawyers and establishing a network of party-friendly district attorneys who could intervene to block vote counts at certain precincts. “Being a poll worker, you just have so many more rights and things you can do to stop something than [as] a poll challenger,” said Matthew Seifried, the RNC’s election integrity director for Michigan, stressing the importance of obtaining official designations as poll workers in a meeting with GOP activists in Wayne County last Nov. 6. It is one of a series of recordings of GOP meetings between summer of 2021 and May of this year obtained by POLITICO. Backing up those front-line workers, “it’s going to be an army,” Seifried promised at an Oct. 5 training session. “We’re going to have more lawyers than we’ve ever recruited, because let’s be honest, that’s where it’s going to be fought, right?”

Full Article: ‘It’s going to be an army’: Tapes reveal GOP plan to contest elections – POLITICO

National: Cyber agency: No evidence the flaws in the Dominion Voting Systems’ equipment have been exploited to alter election results | Kate Brumback/Associated Press

Electronic voting machines from a leading vendor used in at least 16 states have software vulnerabilities that leave them susceptible to hacking if unaddressed, the nation’s leading cybersecurity agency says in an advisory sent to state election officials. The U.S. Cybersecurity and Infrastructure Agency, or CISA, said there is no evidence the flaws in the Dominion Voting Systems’ equipment have been exploited to alter election results. The advisory is based on testing by a prominent computer scientist and expert witness in a long-running lawsuit that is unrelated to false allegations of a stolen election pushed by former President Donald Trump after his 2020 election loss. The advisory, obtained by The Associated Press in advance of its expected Friday release, details nine vulnerabilities and suggests protective measures to prevent or detect their exploitation. Amid a swirl of misinformation and disinformation about elections, CISA seems to be trying to walk a line between not alarming the public and stressing the need for election officials to take action. CISA Executive Director Brandon Wales said in a statement that “states’ standard election security procedures would detect exploitation of these vulnerabilities and in many cases would prevent attempts entirely.” Yet the advisory seems to suggest states aren’t doing enough. It urges prompt mitigation measures, including both continued and enhanced “defensive measures to reduce the risk of exploitation of these vulnerabilities.” Those measures need to be applied ahead of every election, the advisory says, and it’s clear that’s not happening in all of the states that use the machines.

Source: Cyber agency: Voting software vulnerable in some states | AP News

National: They Insisted the 2020 Election Was Tainted. Their 2022 Primary Wins? Not So Much. | Reid J. Epstein and Nick Corasaniti/The New York Times